Involved in fight with group of Fijians on street - Punched and kicked - Fired shot at V failing to strike anything - Pursued by V in aggressive manner - Backed into door way and shot V in chest - No premeditation - Believed necessary to defend self

Romanian - Full time carer for disabled son - Offence out of character - Good prospects of rehabilitation

Trevenna

(32)

[2003] NSWSC 463

Buddin J

(2004) 149 A Crim R 505

NSWCCA

Excessive self defence

Shooting - domestic

PG

(towards bottom of range)

Minor record – breached bond

7y 6m

NPP 4y 6m

Crown AD

Female - Attacked by male house mate – Choked and threatened with death – V holding cricket bat – Shot V in back of head – Volatile and deteriorating relationship – Offender in fear of V – V large and intimidating male – Unpremeditated - Measure of provocation

3 months later took loaded gun to confront male acquaintance over disputed issues – Aware V violent – Shot V in caravan in subsequent struggle – Second shot fired while V on or near floor – Intent to kill

Low prospects of rehabilitation

Muddle

(40)

[2004] NSWSC 403

Bell J

Excessive self defence

Fight

Stabbing - domestic

VG

(murder trial)

Minor

6y

NPP 3y

Became involved in sustained physical fight with younger and powerfully built male acquaintance during drinking session at offender's home – V threatened to kill then forced way into house – Stabbed in upper back with knife - excessive self defence to introduce weapon

Aboriginal – previous alcohol problems – on methadone program but continues to use heroin from time to time – prospects of rehabilitation.

Vuni

(50)

[2005] NSWSC 184

Studdert J

[2006] NSWCCA 171

Excessive self defence

Shooting - general

VG

(murder trial)

Prior convictions for violence

10y

NPP 7y 6m

AD

Shot male acquaintance in head after heated discussion – intent to kill – had been requested by V to recover stolen weapons and assault men responsible – threatened by deceased when failed carry out request – fearful for family present at scene of offence

Tongan

Ward

(54)

[2005] NSWSC 266

Whealy J

(2006) 166 A Crim R 273

NSWCCA

Excessive self defence

Stabbing - domestic

VG

(murder trial)

Minor assault

7y

NPP 4y

AD

Stabbed male neighbour in throat with penknife used to open letters – V kicked offender with steel capped boots and punched him in head – not reasonable response to assault – history of poor relationship between neighbours

Immediate remorse – good character and good prospects of rehabilitation

Ali

(mid 20s)

[2005] NSWSC 334

Wood CJ at CL

Excessive self defence / Provocation

Shooting - general

VG

(murder trial)

Record includes acc to robbery

5y 8m

NPP 2y 8m

V obsessed with offender's partner - threatened offender and partner a number of times including using a pistol – on night of killing, V had cocaine and told others he was going 'to get' offender – V talked with offender then threatened to have his parents killed – offender shot V when latter seeking refuge after being disarmed

Attempt made by V and group of males to unlawfully evict offender and family (including 14m child) from farmhouse – program of intimidation undertaken at night involving violence and threats to rape and kill – offender panicked and provoked and fired shot gun at advancing group – use of gun reasonable but not uncontrolled firing - bottom of range - Extremely provocative conduct of victims a substantial mitigating factor

Father to young child

Hamilton

(34)

[2007] NSWSC 452

Adams J

Excessive self defence

Fight

Stabbing - general

PG

(25%)

Priors – no violence

5y 6m

NPP 2y 6m

Struggled with male friend at house – V acting in irrational, violent and threatening manner with knife – genuine fear – three blows excessive – took body and dumped in creek at golf course at bequest of occupier of house afraid of going to gaol –offence in low range

Borderline intellectual functioning – remorse

Diab

(26)

[2007] NSWSC 577

Studdert J

[2009] NSWCCA 58

Excessive self defence

Shooting - general

PG

(15%)

Priors – assault

10y 3m

NPP 7y 9m

AD

Met with V in bedroom of house to discuss dispute over drug dealing – V drew gun but no evidence gun was loaded – shot V five times – not a reasonable response

Argument broke out with strangers outside family home of offender – 30-40 additional men arrived to continue fight – genuine fear for safety of self, brother and family including children in house – retrieved knife from house – stabbed V in neck – single stab wound - intent to inflict GBH only – low end of range of seriousness

Good character – Long term relationship with young child – Nearly 2 years PSC - remorse

Turuta

(44)

[2007] NSWSC 1505

Mathews AJ

Excessive self defence

Fight

Stabbing - domestic

VG

(murder trial)

Assault

Nil

7y

NPP 4y 6m

Fight broke with neighbour and friend after offender physically assaulted partner – stabbed neighbour in back and stomach

Extraordinary hardship to three children – serious physical deterioration of mother – born in Cook Islands

A.S.Jones

(43)

A.Jones

(21)

S.M.Jones

(32)

S.Jones

(64)

E.Jones

(female)

63)

[2007] NSWSC 1333

Buddin J

Excessive self defence / Provocation

Fight

Stabbing – general

Accessory

VG

(at murder trial - 15% for offer)

Mansl

Mal wound

Sched:

4 off

VG

(at murder trial – 15% for offer)

Mansl

Mal wound

Assault

PG

(15%)

Mansl

Mal wound

VG

Mansl

Mal wound

VG

Mansl

Mal wound

Nil

Minor

Minor

Minor

nil

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

Mansl

7y 9m

NPP 4y 9m

Total

8y 6m

NPP 5y 6m

Mansl

7y

NPP 4y 6m

Total

7y 6m

NPP 5y

AD

[2009] NSWCCA 169

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self defence and provocation – culpability of E.Jones slightly less – Offenders convicted of alternative offences at trial for murder and attempt murder

AS Jones – father to A Jones and son of S Jones - credit given for offer to plead to manslaughter - exemplary conduct in custody – possibility of deportation – prospects of rehabilitation

A Jones – son of AS Jones - remorse – prospects of rehabilitation – credit given for offer to plead to manslaughter

SM Jones – evaded police and voluntarily surrendered during trial of other offenders

Earlier in day had violent argument with V – Several hours later returned to area and warned V armed with knife – in subsequent confrontation V broke hand of brother and threatened with knife – grabbed knife from V and stabbed six times – more serious category

Altercation between offender and V at house offender shared with mutual friend – asked by friend to leave - offender returned unannounced next afternoon – stabbed V 12 times with push dagger during punch up with V – armed with concealed weapon – intent to inflict GBH – high objective gravity

Discount for offer to plead guilty

Stephens

(34)

[2008] NSWSC 1429

Latham J

[2009] NSWCCA 240

Excessive self defence

Stabbing - general

PG

(15%)

10y

NPP 7y

AD

Single stab wound to chest of male acquaintance with serrated knife after V threatened to 'smash' assailant – V had been indicating intention to fight – grossly disproportionate response to threat

Lynn

(29)

[2008] NSWSC 1122

Hidden J

Excessive self defence

Stabbing - general

PG

(12.5%)

Lengthy – includes carrying weapon in public place

7y

NPP 4y 6m

Confrontation on with V – reached over and stabbed him once at base of neck – spontaneous offence – reacted to comment made by V – fought with V 3-4 weeks earlier

Difficult childhood – lacks insight into offence

Irvine

(20)

[2008] NSWCCA 273

Unlawful and dangerous / excessive self defence

Assault - general

PG

(25%)

nil

3y

NPP 2y

PD

Crown AD

Number of young people taking part in burnouts on street – V crashed vehicle and left scene – respondent and friend went after V to tell him to return to scene and await police – V intoxicated and abusive – respondent punched V in self-defence – V suffered haemorrhage - V had congenital abnormality in vertebral artery which may have required less trauma to have caused haemorrhage.

Voluntarily attended police station – extreme remorse – severely physically assaulted by mother leaving heightened response to threats – attempted suicide twice as teen – good work record – married with two children – strong prospects of rehabilitation

TT

(20)

RT

(17)

ET

(25)

[2009] NSWSC 437

Lathan J

Excessive self defence

Juvenile

Stabbing – general

Fight

Accessory

PG

(15%)

Breached bond for minor offence

Nil

Nil

6y 3m

NPP 3y 3m

6y 6m

NPP 3y 6m

6y

NPP 3y

TT and RT became involved in fight on street with group of men including V – woke brother and returned to scene armed with sword and knife – Victim stabbed by RT – TT and ET charged on basis of participation in affray in knowledge that serious physical injury could result – moderately below mid-range

TT and ET suffered skull fractures from affray – good prospects of rehabilitation – no problem with alcohol and drugs - remorse

Smith

(22)

[2009] NSWSC 1183

Mathews AJ

[2011] NSWCCA 110

Excessive self defence

Assault - general

PG

(10%)

minor

6y 9m

NPP 4y 6m

AD

Offender and friends pursued through streets at night by V wielding two knives and making threats – V indicated surrender when threatened by male holding tree branch – Offender took branch and struck V several times with branch – kicked him around the head on ground – judgment impaired by intoxication – injury to hand – lower range of culpability for manslaughter by excessive self defence

Cannabis abuse – prior good character – good prospects of rehabilitation

HT

(16)

[2010] NSWSC 324

Hidden J

Excessive self defence

Juvenile

Fight

Stabbing - general

PG

(15%)

Manslaugh

Carry knife in public place

nil

6y

NPP 3y

Fatally stabbed 17y youth on train – group containing V pursued second group containing offender on train – V stabbed several times to chest when he approached offender throwing punches – carried knife for personal protection

Deep remorse – fearful as a result of being a victim of violence in the past – violence out of character

Good

(22)

[2010] NSWSC 402

Buddin J

Excessive self defence

Fight

Stabbing - general

VG

(murder trial – 25% for offer)

Assaults – breached bond

7y 9m

NPP 4y 9m

Stabbed male acquaintance – 6 stab wounds – during confrontation outside party responded to assault by V – showed some reluctance to fight - history of antagonism between offender and V over offender's relationship with V's sister – spontaneous offence

Offer to plead guilty to manslaughter rejected

Glanville

(27)

[2010] NSWSC 364

James J

Substantial impairment / excessive self defence

Assault - domestic

VG

(murder trial – some discount for offer)

Not significant

6y 8m

NPP 5y

Assaulted male acquaintance with baseball bat after V had forced entry into house – both intoxicated having been drinking together earlier – V had been loudly and abusively seeking entry to unit – weakened arm and frontal lobe damage influenced perception of threat – mental functioning so affected as to constitute substantial impairment of the mind - brain damage

Stabbed V with V's knife during drug deal – V had first stabbed offender three times leaving knife in shoulder – stabbed once only - element of provocation – unlawful and dangerous act – bottom of range – disposed of V's car keys

Drug and alcohol addiction – depression – genuine remorse

Smith

(18)

[2012] NSWSC 38

Mathews AJ

Co-offender:

BARGHACHOUN

AH

Excessive self defence

Fight

Stabbing - general

VG

(murder trial – 20% for offer to plead)

Nil

6y

NPP 3y

Stabbed male during confrontation between two groups at night – V called in to support one group and approached offender with bat – stabbed V once to side of body in self defence – spontaneous offence – had taken knife from friend earlier to prevent friend using knife

Stabbed V once in chest during affray between two groups of males – V had been walking towards A with broken bottle – both had taken a swing at each other – A did not bring knife to the fight but had picked it up in self-defence – actions of immature teenager.

Female stabbed mother in arm as act of excessive self defence – V bled to death - History of verbal and physical abuse by V against offender – V a drug user – deliberate stabbing – failed to assist deceased but unaware could bleed to death – spontaneous offence

Deprived and dysfunctional childhood – suffering depression at time of offence

T Carney

(18)

L Cambey

[2012] NSWSC 1344

Schmidt J

Cambey

[2013] NSWCCA 170

Excessive self defence

Assault - general

PG

(small)

PG

(small)

Nil

Nil

9y

NPP 6y

7y 8m

NPP 5y 2m

AA

7y 2m

NPP 4y 10m

Offence occurred in 2006 – earlier convictions quashed: Carney; Cambey [2011] NSWCCA 223 - attended V's home with co-offender for purpose of purchasing drugs – V found co-offender was armed with a taser of which TC and LC had no knowledge – V attacked TC with a metal pole - In self-defence TC attacked V with pole – LC denied any role in assault – V suffered injuries consistent with being bashed by metal pole and being kicked – unplanned offence

TC: drug and alcohol abuse

LC: drug use – supportive family.

LC's appeal allowed on parity basis - LC played active role in assaults, but was significantly less culpable than TC.

Booth

(38)

[2012] NSWSC 1424

Latham J

Excessive self defence

Shooting - general

PG

(10%)

Sched:

5 offences

Assault, malicious damage, possess firearms, possess drug

9y

NPP 6y

Shot V once at close range to chest – dispute over drug matters – V had come to V's home armed with baton and struck A to head with baton.

Drug use – good rehabilitation prospects

McCann

(67)

[2012] NSWSC 1462

Barr AJ

Excessive self defence

Assault - domestic

VG

Nil

7y

NPP 3y 6m

Strangled V with nylon cord after argument – V was staying at A's house as a boarder – A disliked V and fearful of V – mental issues gave rise to increasingly erratic behaviour by A.

Vietnamese – commenced using drugs after death of first wife - Remorse

Pitts

[2013] NSWSC 518

Adamson J

[2014] NSWCCA 244

Excessive self defence

Stabbing - general

VG

No significant convictions.

10y

NPP 7y 6m

AD

V would sometimes purchase cannabis from A – V and friend attended A's home while A's nieces and sister were staying with A – V kicked down A's front door causing A's nieces to lock themselves in back room out of fear - A responded by following V with a knife knowing that V was a former boxer - no animosity or hostility towards V – A misjudged the threat which V posed to A and his family – stabbed V through heart – thought he was stabbing V in stomach.

Rehabilitation prospects good –difficult childhood – alcohol and drug abuse from young age – epilepsy.

Brown

(23)

[2013] NSWSC 715

Grove AJ

Excessive self defence

Unlawful and dangerous

Stabbing general

Accessory

VG

Reckless GBH.

5y

NPP 3y

With 3 other co-accused who were each convicted of murder - confrontation over V's belief that A's were responsible for damaging prized motor vehicles – V arrived armed with gun and discharged shots – all A's chased V and assaulted V - S inflicted stab wound.

V's actions with gun constitute a finding of provocation as a mitigating factor.

Aboriginal – deprived upbringing – mild intellectual disability.

Bugmy

(25)

[2013] NSWSC 1885

Barr AJ

Excessive self-defence

Stabbing – general

Fight

PG

(bottom of range)

violence, AOABH, assault & resist police. Previous custody.

7y

NPP 3y 6m

Attended gathering with family and friends – consumption of alcohol and marihuana – fight broke out between V (male aged 24) and A – A fell to ground and V continued punching – A managed to grab scissors lying nearby – to defend himself A stabbed V three times to throat, face and spine – V later died from injuries - V unreasonably refused medical treatment.

25% discount for offer to plead guilty – further 10% for voluntary surrender and co-operation with police – genuine remorse

Basanovic

(21)

[2016] NSWSC 292

DaviesJ

Excessive self defence

Shooting – general

VG

(murder trial)

s.33

Violence

11y 6m

NPP 8y

Total:

14y 6m

NPP 11y

Father and victim members of bikie club - serious falling out – threats made to father – visited victim's office with father and friend – heated argument - offender 'lost it' and shot victim – five shots fired – employee shot in arm and seriously injured

Joint criminal enterprise – agreement to kill – agreement on behalf of offender based on defence of father - upper mid-range for manslaughter

A armed himself with a knife believing V was member of outlaw motorcycle gang – V was not armed – A was the aggressor who stabbed unarmed V three times – intention to inflict grievous bodily harm – objective gravity of a high order.

Convicted of s.33 offence as alternative to wound with intent to murder - delay of some relevance

McGuiness

(26)

[2016] NSWSC 1806

RA Hulme J

Excessive self-defence

Stabbing - general

PG

(15%)

Reckless wounding.

8y 6m

NPP 6y 4m

A with friends – incident with V who was part of group of males – V said, 'Come on and fight me' and pushed A in chest - led to fight - V initiated and gained upper hand in the assault – A produced and used a knife while being assaulted – stabbed V once to neck – did not directly aim to stab V in neck but clearly directed knife toward V's upper body - intention to inflict really serious harm.

Moderate objective seriousness.

Reasonable prospects rehabilitation – ADHD.

Mitchell

(22)

[2016] NSWSC 1855

Adams J

Excessive self-defence

Stabbing - general

PG

(10%)

Minor offences of violence – affray, assault officer

3y 6m

NPP 2y

Ongoing quarrel with male V – stabbed V to chest during altercation – A thought V was going to break his neck - A was not the aggressor and had not been an aggressor at any point during confrontation- V attacked A in A's own home, had tricked A into believing he had gone whilst in fact he was lying in wait to attack A – A taken unawares by the ambush and responded in heat and panic of the moment – A had done everything possible to avoid a physical confrontation - misjudgement in the heat of the moment - extent to which the force A used was excessive was slight.